Section 220.00. Controlled substances; definitions

1.  "Sell"  means to sell, exchange, give or dispose of to another, or
  to offer or agree to do the same.
    2. "Unlawfully" means in violation  of  article  thirty-three  of  the
  public health law.
    3.  "Ounce"  means  an  avoirdupois  ounce  as  applied  to  solids or
  semisolids, and a fluid ounce as applied to liquids.
    4. "Pound" means an avoirdupois pound.
    5. "Controlled substance" means any substance listed  in  schedule  I,
  II,  III,  IV  or  V  of  section thirty-three hundred six of the public
  health law other than marihuana, but including concentrated cannabis  as
  defined  in  paragraph  (a)  of subdivision four of section thirty-three
  hundred two of such law.
    6. "Marihuana" means "marihuana" or "concentrated cannabis"  as  those
  terms  are  defined  in  section  thirty-three hundred two of the public
  health law.
    7. "Narcotic drug" means any controlled substance listed  in  schedule
  I(b), I(c), II(b) or II(c) other than methadone.
    8.  "Narcotic  preparation"  means  any controlled substance listed in
  schedule III(d) or III(e).
    9. "Hallucinogen" means any controlled substance  listed  in  schedule
  I(d) (5), (18), (19), (20), (21) and (22).
    10.  "Hallucinogenic  substance" means any controlled substance listed
  in  schedule  I(d)  other  than  concentrated  cannabis,  lysergic  acid
  diethylamide, or an hallucinogen.
    11.  "Stimulant"  means  any  controlled  substance listed in schedule
  I(f),II(d).
    12. "Dangerous depressant" means any controlled  substance  listed  in
  schedule I(e)(2), (3), II(e), III(c)(3) or IV(c)(2), (31), (32), (40).
    13.  "Depressant"  means  any  controlled substance listed in schedule
  IV(c) except (c)(2), (31), (32), (40).
    14. "School grounds" means (a)  in  or  on  or  within  any  building,
  structure,  athletic  playing field, playground or land contained within
  the real property boundary line  of  a  public  or  private  elementary,
  parochial, intermediate, junior high, vocational, or high school, or (b)
  any  area  accessible  to the public located within one thousand feet of
  the real property boundary line comprising any such school or any parked
  automobile or other parked vehicle located within one thousand  feet  of
  the  real  property  boundary  line  comprising any such school. For the
  purposes of this section an "area accessible to the public"  shall  mean
  sidewalks,   streets,  parking  lots,  parks,  playgrounds,  stores  and
  restaurants.
    15. "Prescription for a controlled substance"  means  a  direction  or
  authorization, by means of an official New York state prescription form,
  a written prescription form or an oral prescription, which will permit a
  person  to  lawfully  obtain  a  controlled  substance  from  any person
  authorized to dispense controlled substances.
    16. For the purposes  of  sections  220.70,  220.71,  220.72,  220.73,
  220.74, 220.75 and 220.76 of this article:
    (a)  "Precursor" means ephedrine, pseudoephedrine, or any salt, isomer
  or salt of an isomer of such substances.
    (b) "Chemical reagent" means a chemical reagent that can  be  used  in
  the manufacture, production or preparation of methamphetamine.
    (c)  "Solvent"  means  a  solvent that can be used in the manufacture,
  production or preparation of methamphetamine.
    (d) "Laboratory equipment" means any items,  components  or  materials
  that  can  be  used  in  the  manufacture,  preparation or production of
  methamphetamine.

    (e)  "Hazardous  or  dangerous  material"  means  any  substance,   or
  combination  of  substances,  that  results  from  or  is  used  in  the
  manufacture, preparation or production of methamphetamine which, because
  of its quantity, concentration, or physical or chemical characteristics,
  poses  a  substantial  risk  to human health or safety, or a substantial
  danger to the environment.
    17. "School bus" means every  motor  vehicle  owned  by  a  public  or
  governmental   agency   or   private   school   and   operated  for  the
  transportation of  pupils,  teachers  and  other  persons  acting  in  a
  supervisory  capacity,  to  or  from  school  or  school  activities  or
  privately owned and operated for compensation for the transportation  of
  pupils,  children  of  pupils,  teachers  and  other persons acting in a
  supervisory capacity to or from school or school activities.
    * 18. "Controlled substance organization" means four or  more  persons
  sharing  a  common  purpose  to  engage  in  conduct that constitutes or
  advances the commission of a felony under this article.
    * NB Effective November 1, 2009
    * 19. "Director" means a person who is  the  principal  administrator,
  organizer,  or  leader  of a controlled substance organization or one of
  several principal administrators, organizers, or leaders of a controlled
  substance organization.
    * NB Effective November 1, 2009
    * 20. "Profiteer"  means  a  person  who:  (a)  is  a  director  of  a
  controlled  substance  organization;  (b)  is  a  member of a controlled
  substance organization and has managerial  responsibility  over  one  or
  more  other  members  of  that organization; or (c) arranges, devises or
  plans one or more transactions constituting a felony under this  article
  so as to obtain profits or expected profits. A person is not a profiteer
  if he or she is acting only as an employee; or if he or she is acting as
  an accommodation to a friend or relative; or if he or she is acting only
  under  the direction and control of others and exercises no substantial,
  independent role in arranging or directing the transactions in question.
    * NB Effective November 1, 2009